The importance of proving the case beyond reasonable doubt and the impact of inconsistencies in witness testimonies on the prosecution's case

Rajiv Sharma, J.

This appeal is instituted against the judgment dated 28.3.2008, rendered by the learned Addl. Sessions Judge, Fast Track Court, Kullu, Sessions Trial No. 34 of 2006, whereby the respondents-accused (hereinafter referred to as the accused), who were charged with and tried for offences punishable under Sections 307, 506 of the IPC and under Sections 27 & 30 of the Arms Act, have been acquitted.

2. The case of the prosecution, in a nut shell, is that complainant Raju Thakur is a resident of Village Banjar. He is owner of Search India Adventure Group at Kasol. Bir Singh happens to be his partner. On 24.7.2005, accused Shashi Pal Singh, Raju and Rajesh alongwith 7 or 8 other persons came to his room located in his complex and administered beatings to him and his friend Dhiyan Singh. This incident was reported to the police by him and case was registered against accused Shashi Pal Singh. On 25.7.2005, accused Shashi Pal Singh sent a message to him through Dinesh Guleria to the effect that he wanted to effect compromise relating to the incident of yesterday night. He was called to Rain Bow Restaurant by the accused. He alongwith Dinesh, Bir Singh and Lal Chand reached at Rain Bow Restaurant at about 3:30 PM. Accused Shashi Pal Singh came in the upper storey of his house and aimed 12 bore gun at the complainant near the window of the house and threatened the complainant to execute writing to the effect that he would not pursue the criminal case before the police. The complainant told the accused that he should come down in order to settle the dispute. Accused Shashi Pal Singh unloaded the gun and thereafter, loaded “round” in the gun and fired gun shot towards the complainant. The complainant and his companions fled from the scene and took shelter behind the bushes. Accused Shashi Pal Singh threatened to kill the complainant. The gun belonged to the father of the accused. The incident was narrated to SI Joginder Singh by the complainant Raju Thakur, who was present at Kasol in connection with the investigation of occurrence of previous night. The statement of the complainant Raju Thakur was reduced into writing by SI Joginder Singh under Section 154 Cr. P.C. It was sent to PS Kullu. Consequently, FIR was registered. Gun was recovered. The investigation was completed and challan was put up after completing all the codal formalities.

3. The prosecution, in order to prove its case, has examined as many as 11 witnesses. The accused were also examined under Section 313 Cr. P.C. They have denied the prosecution case and their involvement in the incident. The learned trial Court acquitted the accused, as noticed hereinabove.

4. Mr. Ramesh Thakur, learned Asstt. Advocate General, appearing on behalf of the State, has vehemently argued that the prosecution has proved its case against the accused beyond reasonable doubt. On the other hand, Mr. Anand Sharma, Advocate for the accused has supported the judgment of the learned trial Court dated 28.3.2008.

5. We have heard learned counsel for both the sides and gone through the records of the case carefully.

6. PW-1 Raju Thakur, deposed that he alongwith Biri Singh, Dinesh and his friend whose name he had forgotten, had gone to Rainbow Restaurant at about 3:30 PM. When they reached at the Rainbow Restaurant, Shashi was called by him from his house. Shashi opened the window of his house and fired gun shot from his 12 bore gun. Gun shot did not hit them and they were saved. They fled from the spot. Police came on the spot. His statement was recorded vide memo Ext. PA. When the gun shot was fired by accused Shashi Pal Singh, window panes of the Rainbow Restaurant were got smashed. In his cross-examination, he deposed that when they reached at Rainbow Guest House-cum- Restaurant at about 3:30 PM, they were about 5-6 persons. He also deposed in his cross-examination that the distance between the place from where he was standing and accused was standing was about 150 feet. Pellets fr